A courtroom at the Luzerne County Courthouse in Wilkes-Barre.
File photo
WILKES-BARRE — Attorney Andrew B. Bigda did not hesitate or delay when it was his turn to cross-examine forensic pathologist Dr. Gary Ross during the homicide trial of Fernando Cupeles (Chuckie) Bracero on Tuesday.
Dr. Ross’ responses will surely be used by Bigda when he gives his closing arguments to the Luzerne County jury tasked with deciding Bracero’s guilt or innocence.
Bracero, 37, along with three other men, is accused of the stabbing death of Scott Edward Knox, 33, in an unnamed alley behind the Mofon Lounge on Academy Street, Wilkes-Barre, on May 7, 2024.
First Assistant District Attorney Anthony Ross and Assistant District Attorney Julian Truskowski allege Knox was taken to the alley in retaliation for an earlier botched sale of crack cocaine.
Knox was attacked and stabbed in the alley, as Ross and Truskowski told the jury, strengthened by video footage of the incident shown during the testimony of Wilkes-Barre City police Det. Joseph Sinavage, Tuesday afternoon.
Dr. Ross, who conducted Knox’s autopsy, said Knox suffered a stab wound to his right shoulder and what he explained in his medical opinion were stab wounds that he classified as fatal, one to his upper right arm that severed the brachial artery, and the other to his upper right leg that severed his femoral artery.
Under Pennsylvania case law, the arms and legs are not considered “vital organs,” which restricted the type of questions from Ross and Truskowski on the direct examination of Dr. Ross.
It was Truskowski who questioned Dr. Ross, and in several different ways of posing his questions, Dr. Ross said stab wounds to Knox’s upper right arm and upper right thigh were “fatal stab wounds.”
Then it was Bigda’s turn to cross-examine Dr. Ross.
Bigda rapidly asked Dr. Ross if Knox suffered stab wounds to his head, face, neck, throat, chest and abdomen. In response to each question, Dr. Ross said, “No.”
The vital organ legal concept in Pennsylvania classifies vital organs as the head, throat, chest and abdomen.
During his cross-examination of Dr. Ross, Bigda got the forensic pathologist to say surgeons at Geisinger Wyoming Valley Medical Center, perhaps in the emergency room, “extended” the stab wounds during life-saving procedures when Knox was transported to the local hospital.
Seven autopsy photographs were shown to the jury by Ross and Truskowski, including one of Knox’s upper right thigh that showed the stab wound was more than two inches deep, which severed the femoral artery.
Bigda’s questioning of Dr. Ross and the responses will likely be used during his closing arguments to indicate that there was no “specific intent” to kill Knox since no vital organs were harmed.
Bracero is facing trial on an open count of criminal homicide, robbery and criminal conspiracy to commit robbery.